ML19344E839
| ML19344E839 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/10/1980 |
| From: | Singer L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OLA, NUDOCS 8009110779 | |
| Download: ML19344E839 (5) | |
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[Gl0,!W UNITED STATES OF A'iERICA ffJCLEAR REGULATORY COMf ISSION BEFORE THE ATOMIC SAFETY AND LICEtiSIfiG BOARD In the Matter of
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i:ETROPOLITAN EDIS0:1 C0!;PA ;Y,
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Docket No. 50-320 (OLA)
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(Three Mile Island Nuclear Power
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Station, Unit No. 2)
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NRC STAFF'S ANSWER TO ECNP'S REQUEST FOR FREE COPIES OF TRANSCRIPTS Introduction On August 22, 1980, ECNP filed its "Recuest of ECNP Intervenors to NRC for the Provision of Transcripts." Citing the Federal Register Notice of the amendment to 10 C.F.R. 2.750 of the Comission's regulations that becar:e effective on July 25,1980,1/ ECNP requests that it be provided "...with a free copy of the transcripts of the Prehearino Conference and all futt!re Prehearing Conferences and Evidentiary Hearings, as well as subsequent appeal hearings that may be held in regard to the above-captioned natter."
Discussion The amendment to 10 C.F.R.12.750, namely 10 C.F.R.12.750(c), upon which ECNP bases its request, is limited in its applicability.
It applies " y to parties in adjudicatory proceedings (other than antitrust proceedings) on 1/ 45 Fed. Reg. 49535-49537 (July 25, 1980).
scosne 77 7 G
. applications for a license or a license amendment.2_/ Since the instant proceeding involves an amendment of the facility's operating license, 10 C.F.R. l'2.750(c) applies upon a request by an intervenor.
In those proceedings subsequent to July 25, 1980, that are affected by the amended rule, Licensing Boards have "...the discretion to control the distribution of transcripts to parties-- for example, to limit distribution to some but not all of a consolidated group of intervenors, or to only those phases of a hearing in which an intervenor intends to participate."U Even though the amended rule may be applicable to a particular proceeding, tne rule does not empower presiding officers to provide a copy of the transcript of those sessions of a proceeding that occurred prior to the effective date of the rule, July 25, 1980. This rule provides a one-year pilot program of procedural assistance to intervenors in specific types of proceedings to enable the Commission to assess the costs and benefits of such assistance.
Unless extended by the Commission, the amended rule is effective for only one year, beginning July 25, 1980 and ending July 25,19818 Because the rule does not authorize procedural assistance outside t e time frame specifically delineated in the rule, it does not apply retroactively.
2/ 45 Fed. Reg. 54727 (July 25, 1980).
3] 46 Fed. Reg. 49536 (July 25, 1980).
4] Footnote 1, dealing with the period of effectiveness of the new rule, was inadvertently not shown in the Federal Register notice of July 25, 1980, to be applicable to the amendment to 10 C.F.R. 5 2.750. A correction appeared at 45 Fed. Reg. 54725 (August 18,1980).
. For these reasons, ECNP's request for a transcript of tre Prehearing Conferen:e held cr July 7,1933, and thus before :ne effective date of tne arend ent, muld have to be denied.
Consistent with the limitation of the new rule, which is prospe:tive in nature, the Staff does not cbject to ECNP's re;;est for free copies cf transcripts of future prehearing conferentes. With respect to transcripts of hearing sessions, the Staff reco rends that a ruling be deferred pen:ing Board decisions on consolidation of parties and other prehearin; pro:edares that cight bear en the pro:eeding.
Conclusien i
For the reasons stated above EC?P's request for tne transcript of the Frenearing Conference neld on Jaly 7,1930 cust be denied and a ruling en EC?G's request for a transcript of future sessions of the proceeding night be held in abeyance.
Respectfully sutcitted, 1 J
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.l Lisa N. Singer Counsel for NRC Staff Dated at Sethesda, Maryland this 10th day of Septecber,1930.
UNITED STATES OF AMERICA NUCLEAR REGULATORY C0ft1ISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of METROPOLITAN EDIS0N COMPA!1Y, ET AL.
DocFet No. 50-320 OLA (Three Mile Island Nuclear Station, Unit 2)
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CERTIFICATE OF SERVICE I nereby certify that copies of "NRC STAFF'S ANSWER TO ECNP'S REQUEST FOR FREE COPIES OF TRANSCRIPTS," dated September 10, 1980, in the above-captioned proceeding, has been servei on the following, by deposit in the United States mail, first class, or, as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 10th day of September,1980, John F. Wolf. Esq.1 Chairman Mr. Steven C. Sholly 3409 Shepherd-$reet 304 South Market Street 20015 Mechanicsburg, Pennsylvania 17055 Chevyghase, Maryland
- Dr. Osdar H. Paris Mr. William A. Lochstet U.S. Nuclear Regulatory Commission 119 E. Aaron Drive
' Atomic Safely and Licensing Board Panel State College, Pennsylvania 16801 f
Washington, D.C.
20555 Dr. Judith H. Johnsrud
- Mr. Frederick J. Shon Environmental Coalition on Nuclear U.S. Nuclear Regulatory Commission Power Atomic Safety and Licensing Board Panel 433 Orlando Avenue Washington, D.C.
20555 State College, Pennsylvania 16801 Karin W. Carter George F. Trowbridge, Esq.
Assistant Attorney General Shaw, Pittman, Potts and Trowbridge 505 Executive House 1800 M Street, N.W.
P.O. Box 2357 Washington, D.C.
20036 Harrisburg, Pennsylvania 17120 Ms. Karen Lee Miller c/o The Top Root Boutique Ms. Mary H. Douglas 414 North Third Street 2721 Mill Road Harrisburg, Pennsylvania 17101 Grantham, Pennsylvania 17027
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- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Atomic Safety and Licensing Appeal Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
- Secretary U.S. Nuclear Regulatory Commission ATTN:
Chief. Docketing & Service Br.
Washington, D.C.
20555
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sa N. Singer Counsel for NRC Staff I
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